Georgia- I am currently in a nasty custody battle with my ex-husband. Here are the facts. My ex-husbands mother took my daughter to the doctor on 2 occasions re: abuse. The first visit the doctor said that the bruises on her legs did not look like abuse. 1 month later my ex-husband and his mother took my daughter back to the doctor with a book of every bruise on her since she was about 2 1/2 (she is 4 now). They also took a laptop computer with several videos of my child saying that I hit her with a stick. The doctor at that time was by law forced to call DFACS. DFACS came to my home on a Monday(3/2/07 i believe) after visiting my child at her pre-school. I picked up my daughter that day, took off work and kept her with me until Friday because I suspected this had to be my ex's doings.
Now, in my divorce papers, my ex's mother and father have a first right of refusal to keep my child so that I would not put her in day care. The Thursday after DFACS visited the home, I retained an attorney to have the first right of refusal lifted. On Friday after DFACS, 3/9/07, I was served with an emergency temporary & permanent change of custody suit along with the book of photos and the videos from my ex's attorney.
On 3/30/07 we had a pre-trial in which everyone agreed including the guardian at litem that was appointed, that we (my ex and I) and my daughter needed to see a psychologist because my child was saying bizarre things. That was true.
Today is 6/18/07. We are finished with the doctor, DFACS and the guardian at litem. All have found that I am not guilty of child abuse (this I knew). The doctors report indicates that the only abuse he saw was my ex and his mother coaching and pressuring my child to say bad things about me on video. My hair follicle drug test came back clean (he is also accusing me of drug use which is also untrue). I also took a lie detector test to further prove that I was innocent. We are expected to go back for the final hearing any day now.
Wrapping it up here. Throughout this entire process, my child's school now knows about the abuse allegations(private school - I was room mom), my work suffered due to emotional instability(I did go to work though - I am on commissioned salary) and the fact that eventually everybody found out because I had to have a reason for absences (usually visitation). My mother and aunt had to take off work to supervise my visits. My ex husband called 2 of my friends, 1 former, a bartender where he use to hang out - all of which were reported back to me from the people he contacted. They all stated that he had said that I was abusing her. My ex mother in law proceeded to call the sheriff's office which made its way down the pipeline of people back to me. They also told me that the conversations had to do with me supposedly abusing my child. They basically called everyone they could to dig up information on me.
The psychologist said that he could tell that the relationship between me and my child has been damaged because of the situation. He recommended that both of us seek therapy when this is over. It is also written in his report.
My question is this; Do I have solid case to sue my ex-husband and his mother for slander/libel or defamation of character? If so, how much would I sue for? I feel like for what they have done, no amount is sufficient pay back. However, I believe a hefty suit will keep them from further attempts to take custody of my daughter.
ANY ADVICE WOULD BE HELPFUL!!! Thank you
~ A Desperate Mom ~What is the name of your state?
Now, in my divorce papers, my ex's mother and father have a first right of refusal to keep my child so that I would not put her in day care. The Thursday after DFACS visited the home, I retained an attorney to have the first right of refusal lifted. On Friday after DFACS, 3/9/07, I was served with an emergency temporary & permanent change of custody suit along with the book of photos and the videos from my ex's attorney.
On 3/30/07 we had a pre-trial in which everyone agreed including the guardian at litem that was appointed, that we (my ex and I) and my daughter needed to see a psychologist because my child was saying bizarre things. That was true.
Today is 6/18/07. We are finished with the doctor, DFACS and the guardian at litem. All have found that I am not guilty of child abuse (this I knew). The doctors report indicates that the only abuse he saw was my ex and his mother coaching and pressuring my child to say bad things about me on video. My hair follicle drug test came back clean (he is also accusing me of drug use which is also untrue). I also took a lie detector test to further prove that I was innocent. We are expected to go back for the final hearing any day now.
Wrapping it up here. Throughout this entire process, my child's school now knows about the abuse allegations(private school - I was room mom), my work suffered due to emotional instability(I did go to work though - I am on commissioned salary) and the fact that eventually everybody found out because I had to have a reason for absences (usually visitation). My mother and aunt had to take off work to supervise my visits. My ex husband called 2 of my friends, 1 former, a bartender where he use to hang out - all of which were reported back to me from the people he contacted. They all stated that he had said that I was abusing her. My ex mother in law proceeded to call the sheriff's office which made its way down the pipeline of people back to me. They also told me that the conversations had to do with me supposedly abusing my child. They basically called everyone they could to dig up information on me.
The psychologist said that he could tell that the relationship between me and my child has been damaged because of the situation. He recommended that both of us seek therapy when this is over. It is also written in his report.
My question is this; Do I have solid case to sue my ex-husband and his mother for slander/libel or defamation of character? If so, how much would I sue for? I feel like for what they have done, no amount is sufficient pay back. However, I believe a hefty suit will keep them from further attempts to take custody of my daughter.
ANY ADVICE WOULD BE HELPFUL!!! Thank you
~ A Desperate Mom ~What is the name of your state?